Terms & Conditions for RTÉ Player International App

You should read these terms and conditions carefully, particularly clause 12 as it limits our liability to you and clause 9 as this imposes responsibility upon you.

1. Acknowledgements

a. The RTÉ Player International app is an application on IOS (“RTÉ Player International”) which is made available to you (the “User”) by RTÉ for use with compatible Apple authorised devices. When we refer to “RTÉ”, “we”, “our” or similar, we mean RTÉ Commercial Enterprises Limited.

b. You can install and use RTÉ Player International to stream RTÉ Content for personal use provided you comply with these term and conditions (“App Terms”) and any rules or policies applied by the appstore provider (“Appstore”) from where you download RTÉ International Player (“Appstore Rules”) and agree to our privacy policy. If you do not agree to these, do not install RTÉ Player International.

c. By installing RTÉ Player International, your right to access and use RTÉ Player International to stream RTÉ Content starts immediately. This means that, at this point, you lose your statutory right to withdraw from these App Terms. However, this does not affect your right to cancel at any time in accordance with clause 7.

d. RTÉ has the right to change these App Terms from time to time. We will tell you of any changes to the App Terms by a notification through RTÉ International Player. Any such changes are effective from the date specified in the notification we send you. By using RTÉ Player International after changes take effect, you agree to be legally bound by the amended App Terms.

e. The App Terms is an agreement between you and RTÉ. Apple Inc and its subsidiaries (“Apple”) are not a party to the App Terms and are not responsible for RTÉ Player International, including its maintenance or support.

2. Installing RTÉ Player International

a. You can install and use RTÉ Player International (including updates to it) to stream RTÉ Content using compatible Apple authorised devices (“Devices”) only. It is possible that, depending on your Device, some features of RTÉ International Player may not work on it.

b. To install RTÉ Player International you must have an Apple iTunes account. Access to RTÉ Player International is linked to your Apple iTunes account.

c. You must comply with the requirements set out in your agreement with Apple relating to your Apple iTunes account.

d. You must own or control the Devices you use in order to install and use RTÉ Player International. If you are under 18 years old, you may only install RTÉ Player International and view RTÉ Content with the involvement of a parent or legal guardian and under their supervision.

e. You are responsible for installing RTÉ Player International updates. If you don’t do so, this may impact on your ability to use RTÉ Player International.

f. RTÉ does not have the means to check the identities of people using RTÉ Player International and will not be liable where your Apple iTunes account is used by someone else. You agree to notify Apple immediately of any unauthorised use of your account of which you become aware.

3. RTÉ Content

a. “RTÉ Content” means the audio, video, text, images, graphics, animations or other content made available by RTÉ through RTÉ Player International at our choice.

b. The countries in which, and periods of time during which, you may stream RTÉ Content may vary. This is usually because of the agreements RTÉ has with the people who own or control such content, but not always.

c. RTÉ Player International gives you access to two different types of RTÉ Content:
  i. RTÉ Content which is free and for which you don’t need to register (“Free RTÉ Content”); and
  ii. RTÉ Content which you must subscribe and pay for to access (“Subscription RTÉ Content”).

d. Details of the current charges for the Subscription RTÉ Content (“Subscription Fee”) is available on our website at www.rte.ie/playerinternational, though we may change the charges in the future.

4. Geographic Restrictions

a. You may only install RTÉ Player International and stream RTÉ Content through RTÉ Player International provided that, at the time, you are located outside of Ireland. There may also be other territorial restrictions on use of RTÉ International Player and viewing RTÉ Content. This is usually because of the agreements RTÉ has with the people who own or control such content, but not always. We may accordingly block your access and usage depending on where you are located or the country of your Apple iTunes registered credit or debit card.

b. You cannot use RTÉ Player International when you are in a country that is different to the country of your Apple iTunes registered credit or debit card, even, for example, if you are just on holidays.

c. You represent and warrant, each time you install or use RTÉ Player International, that you are not located in a country that is subject to a U.S Government embargo or has been designated by the US Government has a “terrorist” supporting country and you are not listed on any US Government list of prohibited or restricted parties.

d. We may use technologies to verify your geographic location for the above reasons while you are using RTÉ International Player. If you want to use RTÉ Player International, you have to agree to this.

5. RTÉ Sign-In

a. To enhance your use of RTÉ Player International, you may wish to create an RTÉ Sign-In account at RTÉ. With RTÉ Sign-in you can enjoy extra benefits like seamless viewing of RTÉ Player across multiple devices, personalisation of RTÉ News Now content, email updates on content relevant to you, and exclusive competitions. You don’t have to create an RTÉ Sign-In account to use RTÉ Player International.

6. Payments for RTÉ Subscription Content

a. The Subscription Fee for RTÉ Subscription Content is available at the point at which you subscribe through the Apple appstore. The price stated is inclusive of VAT and there are no additional charges.

b. The Subscription Fee is charged to your Apple iTunes account at confirmation of purchase and, unless you have switched off the auto-renew function on your iTunes account at least 24 hours before the end of the month concerned, each month after that. This is normally done within 24 hours of the end of the relevant month.

c. RTÉ can, at any time, change the Subscription Fee by changing the price stated at the Apple appstore or, if you have already subscribed for RTÉ Subscription Content, by notifying you through RTÉ Player International or sending an email to your registered email address. Any change to the Subscription Fee will take effect immediately so that your next bill, following any change, will reflect the new Subscription Fee. Apple may disable the auto-renewal function in your Apple iTunes account where we increase the Subscription Fee during a subscription period.

d. You can manage and control payments (including the auto-renewal function), refunds and cancellations relating to the Subscription RTÉ Content through your Apple iTunes account. Apple is responsible for processing all such payment, refunds and cancellations.

e. All queries related to your Apple iTunes account and the Apple App Store should be made to Apple customer support team

7. Cancellation

a. These App Terms will continue until RTÉ or you terminate it.

b. You may terminate these App Terms by discontinuing use of RTÉ Player International and deleting it from all Devices through which you access RTÉ Player International. You need to comply with clause 7(e) in this regard to stop any further payments of the Subscription Fee where you have signed up for Subscription RTÉ Content.

c. RTÉ may immediately suspend, restrict or terminate your access to RTÉ Player International or RTÉ Content and/or terminate these App Terms (without compensation in any case) if RTÉ suspects that you have breached these App Terms. RTÉ may monitor your use of RTÉ Player International to ensure compliance with these App Terms.

d. On termination of these App Terms for any reason:
i. all rights granted to you under these App Terms cease;
ii. you must immediately cease all activities authorised by these App Terms, including accessing RTÉ International Player and/or streaming RTÉ Content; and
iii. you must immediately delete and/or remove RTÉ Player International from all Devices.

e. You may manage your access to the Subscription RTÉ Content through your ‘Account Settings’ in your Apple iTunes account. Any cancellation by you of your access to the Subscription RTÉ Content will take effect at the end of the next month. Where you cancel your use of RTÉ Player International during a month, there is no refund or credit in respect of the Subscription Fee (if applicable) for the remainder of the relevant month. We will continue to allow you access RTÉ Player International and stream Subscription RTÉ Content to the end of the relevant month. You will need to ensure that you comply with the cancellation rules in your agreement with Apple relating to your Apple iTunes account. Under this agreement, you may be required to notify Apple that you wish to cancel within certain time periods before the end of a month to stop payments to us.

8. Use of RTÉ Player International

a. You may install and use RTÉ Player International to stream and view RTÉ Content through RTÉ Player International solely for your personal entertainment and non-commercial use. This is the only right and licence granted to you under the App Terms.

b. RTÉ Content made available through RTÉ Player International must always be displayed using RTÉ International Player.

c. You must not make RTÉ Player International or the RTÉ Content available to anyone else.

d. You may not directly or indirectly change, edit, add to or produce summaries of any RTÉ Content available through RTÉ Player International.

e. RTÉ can, at any time, change the features of RTÉ Player International, including by removing current features. RTÉ can also, at any time (i) replace, suspend or discontinue RTÉ Player International (or any of its features) and/or (ii) cease making RTÉ Player International (or some of its features) available for use by anyone, in particular countries or territories and/or during particular times.

9. Acceptable Usage

a. You agree:
i. not to archive or download (other than through caching necessary for personal use) RTÉ Content, but this does not stop you streaming it through RTÉ Player International,
ii. not to infringe any applicable law (e.g. copyright laws) when using RTÉ Player International or streaming or using RTÉ Content;
iii. not to infringe the rights of, or restrict or inhibit the use or enjoyment of RTÉ Player International by, anyone else;
iv. not to broadcast, rent, lease, sub-license, loan, translate, adapt, vary, modify, copy, frame, reproduce, republish, post, transmit or otherwise use RTÉ Player International or RTÉ Content in any way except for your own personal entertainment and non-commercial use;
v. not to transmit through RTÉ Player International any material that is defamatory, offensive, unlawful or otherwise objectionable including material that could cause distress or inconvenience to any person; and
vi. not to use RTÉ Player International in a malicious way or in any way that could damage, disable, overburden, impair or compromise in any manner RTÉ Player International, its security or operability or our systems or security or interfere with other users;
vii. not to decompile, reverse engineer or disassemble any software or other products or processes accessible through RTÉ Player International or RTÉ Content;
viii. not to insert any code or product or manipulate RTÉ Player International or RTÉ Content in any way;
ix. not to directly or indirectly charge others for accessing or viewing RTÉ Content or RTÉ Player International;
x. not to commercialise the RTÉ Content or RTÉ Player International in any way; and
i. not to disguise or conceal your location and not to attempt to make it appear that you are located at any given time in a country that you are not located in (including by using credit or debit cards for Apple iTunes that are not from your country of residence).
b. You agree to fully indemnify RTÉ on demand from and against any cost, claim, loss, liability, fine, expenses, demands or damages (including any legal fees in relation to such loss or damages) suffered or incurred by RTÉ that arises out of or in connection with your breach of clause 8 or 9 or your violation of any law or the rights or good name of a third party. This clause survives the termination of these App Terms.

10. RTÉ Player International – Requirements

a. You must have access to the internet or other network in order to download RTÉ Player International or stream RTÉ Content to any Device. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access and/or services necessary for such internet access and to comply with the terms and conditions of the relevant service providers.

b. You acknowledge that the quality and speed of access to RTÉ Player International and streaming of the RTÉ Content will be impacted by the quality and bandwidth of your internet or network service. RTÉ is not responsible in any respect for the failure of such services.

c. You understand that the technical processing and transmission of RTÉ Player International and/or the RTÉ Content may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks and/or the Devices. We generally will inform you of any material changes to the technical requirements which may impact on your ability to use RTÉ Player International or access the RTÉ Content in advance of implementing such changes.

11. Intellectual Property

a. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and to RTÉ Player International and RTÉ Content belong to RTÉ and others. All rights in RTÉ Player International and the RTÉ Content are reserved.

b. Your use of RTÉ Player International and/or the RTÉ Content grants no rights to you in relation to RTÉ International Player and/or RTÉ Content except as expressly stated in the App Terms.

c. RTÉ may include digital rights management security or other content protection measures in RTÉ Content to meet its obligations to people with rights in the RTÉ Content. You may not attempt to adjust or circumvent these measures.

12. Disclaimers and Limitation of Liability

a. Nothing in these App Terms excludes or limits RTÉ’s liability for fraudulent misrepresentation or for death or personal injury resulting from RTÉ’s negligence or the negligence of RTÉ’s employees or agents.

b. RTÉ does not warrant that use of RTÉ Player International and/or the RTÉ Content will always be available or be uninterrupted or error free, timely, secure, that defects will be corrected, or that RTÉ Player International, RTÉ Content or the servers that make it available are free of bugs, viruses or omissions. RTÉ Player International, and RTÉ Content, is provided on an 'AS IS' and 'AS AVAILABLE' basis and without any representations or any kind of warranty (whether express, implied or statutory), including with respect to merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy to the extent permitted by applicable law.

c. RTÉ is not liable for any indirect or consequential damages.

d. RTÉ supplies RTÉ Player International and the RTÉ Content for domestic and private use only. We are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity arising from or in connection with the use of RTÉ Player International.

e. You acknowledge that Apple may cease to market and allow the downloading of RTÉ Player International by you at any time and that this is outside our control. RTÉ therefore will not be liable to you for any action taken by Apple to restrict or terminate your ability to download or access RTÉ Player International and/or RTÉ Content.

f. Our maximum aggregate liability under or in connection with these App Terms, RTÉ Player International and RTÉ Content (whether in contract, tort [including negligence], equity or otherwise] is in all circumstances limited to the lesser of ten euro (€10) or the amount paid in respect of charges to access Subscription RTÉ Content for the month during which liability arose.

g. You acknowledge that you only have a claim against RTÉ, and not Apple, in respect of:
i. any claims relating to RTÉ Player International, or its use or possession, including product liability claims, claims under consumer, privacy or other legislation or clams that RTÉ Player International fails to conform to legal or regulatory requirements;
ii. the investigation, defence, settlement and/or discharge of any claim by a third party that your use of RTÉ International Player and/or access to the RTÉ Content breaches that third party’s intellectual property rights. If RTÉ Player International fails to comply with any applicable warranty, you may notify Apple and Apple will refund you the purchase price for RTÉ Player International. Apple has no other warranty obligation whatever with respect to RTÉ Player International. You only have a claim against RTÉ, and not Apple, in respect of any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty.

13. Privacy

a. You agree to our privacy policy in its most recent form at the time that you install RTÉ Player International and each subsequent time you use RTÉ Player International. Any information about you which RTÉ obtains in connection with your use of RTÉ Player International or streaming of RTÉ Content is treated in accordance with our privacy policy. If you don’t agree to our privacy policy or any change to it, do not use RTÉ Player International.

b. RTÉ will use third parties suppliers for marketing and communications. By opting-in for marketing communications, you agree to RTÉ’s use of these third parties. More information is contained in our Terms and Conditions in this regard.

14. General

a. Any failure by us to exercise or any delay by us in exercising a right or remedy does not constitute a waiver of that right or remedy or of any other rights or remedies. A waiver by us of any breach of, or any default under, any provision of the App Terms is not a general waiver or a waiver of any subsequent default or breach and in no way affects the other terms of the App Terms.

b. In these App Terms, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. The section headings do not form a part of these App Terms.

c. If any provisions of these terms and conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect.

d. You acknowledge and agree that Apple (and any of its subsidiaries) are third party beneficiaries in respect of these App Terms and as such have the right to enforce the App Terms against you.

e. You may not assign, sub-licence or otherwise transfer any of your rights under these App Terms. We may transfer or assign these App Terms to any person whom acquires some or all of the part of our business that relates to the operation and provision of RTÉ Player International.

f. These App Terms shall be governed by and interpreted in accordance with the laws of Ireland. These App Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction.

g. RTÉ Commercial Enterprises Limited is a company registered in Ireland with limited liability. Our company registration number is 155076, our VAT number is IE6552576O and our address is Montrose, Donnybrook, Dublin 4, Ireland. Some of the RTÉ group’s activities are regulated by the Broadcasting Authority of Ireland (“BAI”). More details in this regard are available on the BAI’s website at www.bai.ie. See www.rte.ie for more information about the RTÉ group.

15. RTÉ Player International Support and Complaints

If you have any complaints in relation to any aspect of the provision of RTÉ Player International and/or the RTÉ Content (or have any questions or wish to make a claim in respect of RTÉ Player International and/or the RTÉ Content), please contact us PlayerInternational.Feedback@rte.ie